Davis v. McGehee
Texas Supreme Court
Error from Bexar. Tried below before the Hon. Thomas J. Devine. This was a suit by the defendant in error, John S. McGehee, against Samuel H. Davis, James H. Davis, and William Southerland, on a note, which appeared from the copy of it in the transcript, (before it was altered,) to have been signed, Samuel H. Davis for James H. Davis.
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Error from Bexar. Tried below before the Hon. Thomas J. Devine. This was a suit by the defendant in error, John S. McGehee, against Samuel H. Davis, James H. Davis, and William Southerland, on a note, which appeared from the copy of it in the transcript, (before it was altered,) to have been signed, Samuel H. Davis for James H. Davis. The citations were not copied into the record, but the answer purported to have been filed by the “ defendants,” and was a general exception, a general denial, and a failure of consideration, in this, that it was alleged “ that if such a note, as is described in…
1Opinion of the CourtRoberts, J.
This case was submitted upon a suggestion of delay. Upon examination of the record, it appeared that Samuel H. Davis signed the note “for” James H. Davis, and not for himself. Supposing that there had been some mistake in the transcript, the attention of defendants’ counsel was called to it, and it was handed back to him, to enable him, if he thought proper, to take measures to have it corrected, or that he might consider the course to be pursued, to meet or obviate this apparent difficulty, thus standing in the way of getting the judgment affirmed.
At a subsequent day, the court was informed,…
2Cited by8 opinions
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- Smith v. PeelerTexas Commission of Appeals · 1930
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- Ragland v. RogersTexas Supreme Court · 1871
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